Law:

Section:

Banking Company (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)----------S.21---Limitation Act (IX of 1908), S.5---Appeal---Limitation---Condonation of delay---Ordinary and special law---Distinction---Provisions of Limitation Act, 1908---Applicability---Appeal was barred by limitation and appellants sought condonation of delay under S.5 of Limitation Act, 1908---Validity---Under the ordinary law, a period of 90 days had been prescribed under Art.156 of Limitation Act, 1908, for filing of appeal before high Court---Present case was governed by a special law and S.21(1) of Banking Companies (Recovery of Loans, Advances, Credits and Finances), Act, 1997, had prescribed a period of 30 days for filing first appeal before High Court against and decree passed by Banking Court---As special law had provided different period of limitation for filing first appeal in high Court Man the ordinary law, therefore, S.5 of Limitation Act, 1908, was neither applicable nor attracted---Application filed by appellants under S.5 of Limitation Act, 1908, for condonation of delay was incompetent and not maintainable, thus was dismissed---With the dismissal of application, the appeal was barred by time and could not proceed further- having been filed beyond the period of limitation prescribed under the relevant law---Appeal was dismissed accordingly. Allah Ditta v. Farooq Ahamd and 3 others PLD 1979 Lah. 917; Bashir Ahmad and others v. Messrs Habib Bank Ltd. 1990 CLC 1105; Messrs Conoco Industries (Pvt.) Ltd. and 3 others v. United Bank Limited, Lahore and another 2004 CLD 472; Sheikh Muhammad Kashil v. Askari Leasing Limited through Manager/Chief Executive of Branch/Recovery Officer 2004 CLD 1645; Ali Muhammad and another v. Fazal Hussain and others 1983 SCMR 1239 and Allah Dino and another v. Muhammad Shah and others 2001 SCMR 286 ref. JUDGMENT MIAN HAMID FAROOQ, J.---Appellants, through the filing of the present first appeal, under section 21 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 (hereinafter referred to as Act) have called in question order dated 3-1-2001, whereby the learned Banking Court dismissed appellant's…

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